Issue link: https://nebusinessmedia.uberflip.com/i/1464750
W O R K F O R M E / S P R I N G 2 0 2 2 30 T he pandemic has created a multitude of challenges for employers. As more employees return to the office in 2022 — whether full-time or on a hybrid schedule — employers will face difficult compliance questions and, most likely, increased ac- commodation requests under the Americans with Disabilities Act. How should employers prepare for these requests? Accommodation requests are likely to come in three distinct areas: telework, disability claims related to long-haul COVID-19, and vaccination policies. What you need to know Requests for telework as a reasonable accom- modation: It's likely that employers will see an increase in requests to telework as a reason- able accommodation. The Equal Employment Opportunity Commission says that telework/ work at home may be a form of reasonable ac- commodation under the ADA because changing the location where work is performed may be a form of modifying a workplace policy. Before COVID-19, employers would argue that an employee's physical presence in the workplace was an essential job function when faced with telework reasonable accommodation requests, but after nearly two years of remote work, it may be difficult for employers to con- tinue to argue this. The pandemic has changed how and where many Americans work. While employers that allowed teleworking during the pandemic do not have to continue allowing it once worksites reopen, employers must still engage in the interactive process when faced with such accommodation requests. Long-haul COVID-19 is a new disability: Due to the pandemic, the Department of Justice, the Department of Health and Human Services, and the EEOC have all stated that "long-haul" COVID-19 may qualify as a disability. Long-haul COVID-19 involves symptoms that can last for weeks or months following infection. These symptoms include, but are not limited to, tired- ness, fatigue, difficulty thinking or concentrating, shortness of breath, headache, dizziness upon standing, heart palpitations, chest pain, cough, joint or muscle pain, depression or anxiety, fever, and loss of taste or smell. Further EEOC B Y M I C H A E L M E S S E R S C H M I D T Prepare for an increase in requests for accommodation H o w t o Learn about the Aquaculture Pioneers Program and other experiential learning opportunities offered through the Maine Career Catalyst at mainecareercatalyst.org. Explore a career in aquaculture. A boatload of opportunity exists in Maine's blue economy. Aquaculture—the cultivation of fish, sea vegetables, and shellfish—is a thriving industry that builds climate resilience and increases local food production. Photo: ZFund, GoodFight Media, Maine Aquaculture Association P H O T O / C O U R T E S Y O F P R E T I F L A H E R T Y Michael Messerschmidt is chair of Preti Flaherty's employment law group.